Last Modified: 19 April 2016
The terms "west capital” or "us" or "we" refer to the owner of the website and the term "you" or "user" refers to the viewer or user of our website.
Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us. If you do not accept these Terms, do not use this Website. If you have any questions please contact [email protected]
Through our Website property, we provide you with access to a variety of resources to which these Terms relate. If you are looking to be provided with our brokerage services please to review our Trader - Client Agreement.
1.1 Use of this Website
1.1.1 You may access certain areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.1.3 We may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice as it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
1.2.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by west capital or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with clause 1.2.2, for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
1.2.2 Subject to clause 1.2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without west capital’s prior written permission.
1.2.3 Any rights not expressly granted in these terms are reserved.
1.3 Copyright Notice
1.3.1 west capital logos are trademarks of west capital. All rights reserved. All other trademarks appearing on our websites are the property of their respective owners. Organisation, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
1.4 Service access
1.4.1 While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
1.4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
1.4.1 If a fault occurs, please report it by email at [email protected]
1.5.1 Each registration is for a single you only. west capital does not permit you to share your name and password with any other person nor with multiple users on a network.
1.5.2 Responsibility for the security of any passwords issued rests with you.
1.5.4 In the process of completing your registration, you may have provided us with your brokerage account details. We will have access to your financial information either through your trading account opened with any third party financial institution ("Third Party Broker") or when trades are transmitted directly from your trading terminal to your Broker. This information is provided solely by your Third Party Broker and not us. You agree not to hold us liable for any loss or damage of any sort incurred as a result of such dealings with any services or information provided by your Third Party Broker.
1.5.5 By opening a trading account with west capital or by connecting your trading account(s) to our Website you expressly grant us the irrevocable right to monitor and evaluate your trading activity in such trading account(s) by means of our own evaluation methods. In connection with such evaluation methods, you expressly grant us the right to display the calculations as per our own calculations in a way that does not enable third users to replicate your trading strategy without your prior consent.
1.5.6 Furthermore, by connecting your trading account(s) to our Website(s) you expressly grant us the right to contact you for commercial purposes including, without limitation, contacting you for the purpose of inviting you to join our program.
1.6.1 While we endeavour to ensure that the information on our Website(s) is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
1.6.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
1.7.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of west capital’s companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
220.127.116.11 this Website;
18.104.22.168 the use, inability to use or the results of use of this Website;
22.214.171.124 any websites linked to this Website or the material on such websites;
126.96.36.199 your downloading of any material from this Website or any websites linked to this Website; or
188.8.131.52 viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
1.7.2 Nothing in this legal notice shall exclude or limit our liability for:
184.108.40.206 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
220.127.116.11 fraud; or
18.104.22.168 misrepresentation as to a fundamental matter; or
22.214.171.124 any liability which cannot be excluded or limited under applicable law.
1.7.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
1.8 Materials Provided To west capital Or Posted to Its Website
1. Links to and from other Websites. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about, any material found within or any results that may be obtained by using, them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
3.1 You are prohibited from posting or transmitting to or from this Website any material:
3.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, harassment or inconvenience; or
3.2.2 for which you have not obtained all necessary licences and/or approvals; or
3.2.3 which constitutes or encourages conduct that could be considered a criminal offence, could give rise to civil liability or is otherwise contrary to the law of, or infringes the rights of any third party in any country.
3.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3 You may not decompile, reverse-engineer or disassemble any part of the Website or its contents or any software used in connection with the Website.
3.4 You may not misuse this Website by hacking or to send or distribute multiple unsolicited junk emails or messages, chain letters or otherwise to interface with or disrupt the service or the networks through which you have access.
3.5 You may not use this Website for any commercial, profit-making or re-sale purposes, including the systematic extraction and/or re-utilisation of any part of a service or its content.
3.6 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 3.2.3 or clause 3.2.4 of these Terms.
3.7 You acknowledge that there is a risk that the website may knowingly contain incomplete, incorrect, inaccurate, misleading and/or false information.
3.8 You shall not upload, post or otherwise make available on www.westcapital.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.westcapital.com, You automatically grant, or represent that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other You to access, view, store or reproduce the material for that your personal use. You hereby grant west capital the right to edit, copy, publish and distribute any material made available on www.westcapital.com by you.
4.1 If you register your operating brokerage account with us, we offer the Trader evaluation services which consist of the following:
5.1 No content at west capital is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any information provided by us to be a substitute for professional financial advice.
5.2 If you choose to engage in transactions based on our content, then such decisions, transactions and any consequences flowing therefrom are your sole responsibility.
6.1 Following registration as a user, the services will continue in force until terminated by you or us. We reserve the right to close a user's account for any reason at any time. Clients may also close their account at anytime and receive a full withdrawal processed immediately. Withdrawals on accounts over €250,000 may be subject to holding periods based on Bank/Crypto AML (Anti-Money Laundering) exchange policies.
6.2 On termination of the services, the right of User to access the services under these Terms will be withdrawn and the respective user account will be deleted.
6.3 We may terminate the services if a user commits a material breach of any of these Terms of Service on this page or throughout our website.
7.1 You will indemnify us against any liability, cost, expense, loss or any damage incurred by us (including but not limited to professional advisors' fees) arising from your breach of these Terms, negligence, willful default or fraud.